If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.

The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

Editor’s Analysis: If you are thinking that with all the publicity surrounding the obvious fatal defects in the millions of foreclosures already completed, quiet title should be unnecessary, you are probably right. The fact is that the real world is more complicated and as Elizabeth Warren and several dozen bloggers and journalists have pointed out the average of $300 per homeowner being paid to settle the matter is not just inadequate it is stupid. No amount of money will actually cure the current title corruption on record in all 50 states due to practice of allowing complete strangers to the transaction to self-anoint themselves as creditors, foreclose on property and submit a credit bid at auction when they were not owed any money and there was no credit relationship between the homeowner and the bidder.

Quiet Title is an effective tool but it is not a silver bullet. It is about what is contained in the county records. If someone accidentally (or on purpose) records a lien against your property and they refuse to retract it, then you are forced to file an action with the Court that says I own the property and my title is clouded by documents that were recorded as liens against my title.

Those liens are not lawful, and they should be declared null and void or at a minimum the court should issue a declaratory statement based upon facts of the case that sets forth the stakeholders in the property and the nature of their claim.

In order to claim the latter, you would need to state that while the lien is unlawful, the party named on the lien, or the party claiming to hold the right to the lien, refuses to cooperate with clearing title or to explain the nature of their claim. Thus the homeowner is left with a lien which is unlawful and a claimant who insists that it is lawful. The homeowner is in doubt as to his rights and therefore asks the Court to quiet title or declare the rights of the parties.

In filing quiet title claims the mistake most often made is that it is being used defensively instead of offensively. The complaint that fails merely attacks the right of some pretender lender to foreclose. That is not a quiet title action. That is a denial of the debt, note, mortgage, default, notice etc.

And the Courts regularly and correctly dismiss such claims as quiet title claims. You can’t quiet tile because someone does not have a right to foreclose. You can only quiet title if you can assert and prove to the Court that the items on record do not apply to you or your property and therefore should be removed.

AND you can’t get through a motion to dismiss a declaratory action if you don’t state that you are in doubt and give cogent reasons why you are in doubt. If you state that the other side has no right to do anything and end it there, you are using quiet title defensively rather than offensively in a declaratory action.

Stating that the pretender lender has no right to foreclose is not grounds for a declaratory action either. If you make a short plain statement of FACTS (not conclusions of law) upon which the relief sought could be granted you survive a motion to dismiss. If you only state the conclusions of law, you lose the motion to dismiss.

In such a declaratory action you must state that you have doubts because the pretender lender has taken the position and issued statements, letters or demands indicating they are the owner of the lien but you have evidence from expert analyses from title and securitization experts that they are not the owner of the line and they never were.

Remember in securitized transactions you would need to name the original named payee on the note and the secured party(ies) and state that they never should have recorded the lien because they did not perform as required by the agreement (i.e., they didn’t loan you money) and/or because they received loss mitigation payments in excess of the amount due. If you want to get more elaborate, you can say that they now claim to have nothing to do with the loan and refuse to apply loss mitigation payments to the loan even though they were received.

The problem in Florida is that such claims may be interpreted by the Clerk as claims relating to land and title which requires the ungodly amount of $1900 in filing fees alone, which I personally think is an unconscionable and unconstitutional denial of access to the court to all except people with a lot of money.

So you might want to go with slander of title seeking money damages or failure to refund over-payments received from sale or mitigation payments relating to your loan. That COULD be the basis of a claim in which the property is already sold at auction, short-sale, or resale. If the pretender lender received the payoff or the property illegally and then fraudulently executed a satisfaction of mortgage even though they were never the lender nor the purchaser of the loan, then you, as the owner of the property are probably entitled to that money plus interest and probably attorney fees.

PRACTICE NOTE: Strategically it seems like it is tough going if you attack the title under correct but unpalatable causes of action (i.e. actions that the judicial system already has decided they don’t like the outcome — a free house to the homeowner). So the other way of skinning the cat is to file actions for damages and that I think is the future of mortgage litigation. The basic action is simple breach of contract (the agreement to enter into the loan transaction and/or the note).

Filing suit for damages AFTER the sale gives you playing field without moving goal posts and allows fairly simple straightforward causes of action which many attorneys will soon realize they can take strictly on contingency or mostly on contingency. The net result may well be either the tender of money and/or the tender of the property back to the homeowner or former homeowner in lieu of payment for damages.It also opens the door to the possibility of punitive, treble, or exemplary damages or some combination of those.

At my firm we are looking hard at closings where the pretender lender took the money and ran on a short-sale or resale. It is clear-cut. They either had a right to the money or they didn’t. IF they didn’t have the right to execute the satisfaction of mortgage or if they fraudulently diverted the money to their own benefit in lieu of the creditor from whom they did receive authority, then you still have a right to refund of the money that unjustly enriched the pretender lender. The money goes to the former owner/seller and to nobody else. If there is a claimant that wishes to step forward to attack the award, then we will deal with it, but based upon my information such claims will not be made.

Illegal aliens don’t deserve any rights. They can only be considered foreign nationals as 9/11 and the Boston Massacre proves. These foreignors can’t be trusted on U.S. soil and that includes the FED …

The banksters are invested in all of their fraud. They fully intended to cause these conflicts of interest between everyone.

The local media in Illinois reporting there is a push for renters rights even after fraudclosure? Renters rights? Get the hell out of here. The FED are the illegal alien criminals who are renters occupying our nation illegally. They don’t deserve any legal rights. They belong in prison. If you are a natural born U.S. CITIZEN you already paid for everything. Screw these commie crooks and all of their fascist fixes for fraud.

Hatteras Financial Corp. operates as an externally-managed mortgage real estate investment trust (REIT). It invests in single-family residential mortgage pass-through securities guaranteed by a U.S. Government agency or issued by a U.S. Government-sponsored entity. The company has elected to be taxed as a REIT under the Internal Revenue Code of 1986, and is not subject to federal or state taxes on its REIT taxable income to the extent that the company distributes its income to stockholders and maintains its qualification as a REIT. Hatteras Financial Corp. was founded in 2007 and is based in Winston Salem, North Carolina.

Hatteras Financial Corp. operates as an externally-managed mortgage real estate investment trust (REIT). It invests in single-family residential mortgage pass-through securities guaranteed by a U.S. Government agency or issued by a U.S. Government-sponsored entity. The company has elected to be taxed as a REIT under the Internal Revenue Code of 1986, and is not subject to federal or state taxes on its REIT taxable income to the extent that the company distributes its income to stockholders and maintains its qualification as a REIT. Hatteras Financial Corp. was founded in 2007 and is based in Winston Salem, North Carolina.

Hatteras Financial Corp. operates as an externally-managed mortgage real estate investment trust (REIT). It invests in single-family residential mortgage pass-through securities guaranteed by a U.S. Government agency or issued by a U.S. Government-sponsored entity. The company has elected to be taxed as a REIT under the Internal Revenue Code of 1986, and is not subject to federal or state taxes on its REIT taxable income to the extent that the company distributes its income to stockholders and maintains its qualification as a REIT. Hatteras Financial Corp. was founded in 2007 and is based in Winston Salem, North Carolina.

Now go do something useful by contributing: go find the links (or wait until moderator releases the posting) and verify for yourself where the judge’s bias lies.

~~~~~

Hatteras Financial_Business Summary

Hatteras Financial Corp. operates as an externally-managed mortgage real estate investment trust (REIT). It invests in single-family residential mortgage pass-through securities guaranteed by a U.S. Government agency or issued by a U.S. Government-sponsored entity. The company has elected to be taxed as a REIT under the Internal Revenue Code of 1986, and is not subject to federal or state taxes on its REIT taxable income to the extent that the company distributes its income to stockholders and maintains its qualification as a REIT. Hatteras Financial Corp. was founded in 2007 and is based in Winston Salem, North Carolina.

Then tell the truth and stop trying to peddle lies to the innocent. The debt of the banksters being served up onto We The Peopke is fascism and it is ruining this country. It is unsustainable and can never be repaid. Corporate America has monopolized the free markets and is destroying our Constitutional Republic. Trying spelling your name without the K…it’s a dead giveaway.

Bite your tongue until the posting is released by the moderator. While you’re entitled to your opinion, until the posting is released there is no context for informed commentary, even though you chose to do so otherwise.

Hatteras Financial Corp. operates as an externally-managed mortgage real estate investment trust (REIT). It invests in single-family residential mortgage pass-through securities guaranteed by a U.S. Government agency or issued by a U.S. Government-sponsored entity. The company has elected to be taxed as a REIT under the Internal Revenue Code of 1986, and is not subject to federal or state taxes on its REIT taxable income to the extent that the company distributes its income to stockholders and maintains its qualification as a REIT. Hatteras Financial Corp. was founded in 2007 and is based in Winston Salem, North Carolina.

Don’t believe the satanic connection? The FBI reported sometime ago there are entire towns in the U.S. who worship satan. The late Malachi Martin, Jesuit scholar & Catholic priest blew the whistle on these Satan worshippers within the Catholic church and said they were holding midnight black masses at the Vatican.

The fraud settlements are an insult. They settled nothing. We are on the precipice of the complete destruction of our Constitutional Republic if we don’t stop cooperating with these Imposter felons. We will be living in hell on earth.

Bottom line—what happens when a loan (the note) is falsely put into default, (by the GSE’s after deregulation around 1999-2000) charged off, insurance collected…then the collection rights to debt collection ON THAT CHARGED OFF (false default) DEBT is sold and re-sold…(in addition to all the bogus derivatives)???

YOU HAVE THE SUBPRIME LIE PONZI MESS…which we will be dealing with for a very long time, because the cover up is still in full swing.

Along with all the fake on/off balance sheet accounting (ie. no funding)and fake “notes” and robosigning and fake PSA’s and fake foreclosures and corrupt government and corrupt financial industry and corrupt courts and all the other stuff we are dealing with—-the bottom line is that it is all based on UNSECURED DEBT. Just like credit card debt.

Aside from all the bullshit we’ve been through we should have been able to declare BK on the unsecured debt and stayed in our homes. Period.

But no—we get lied to about a “loan mod”—we believe the lie—which puts us through the gates of hell…and the government decides to save the only debt system we have—fraud and all—instead of revealing the truth.

And if the people get sick and die because of all this—oh well…”at least we have our yachts…and less people.”

Deborah Wynn,
Make sure someone else knows you sent it back, like one of the names in that settlement I mentioned in a few posts back.

Also make sure no one cashes that check.
Their system will cash a negotiable instrument in a heartbeat and gain unjust enrichment even more so.

Considering they get anywhere from $7 to $10 per dollar for what is on that check, you see $300 and they see $2100 up to $3000.

They will cash a copy of a check. And we know they will forge signatures.

I don’t give legal advice and I’m not disclosing what I’ve ‘really’ done with that check, but if you send it back you may want to write on the face where you can find room, something that lets them know you ‘refuse’ it, and why. Maybe a lacked standing or no contract, or not proper consideration for theft of property and violation of rights, or whatever. You are the holder in due course of the instrument now, so what you do with it while it’s in your possession is important before you give it back to them.

Put a signature next to whatever you write, just like they put stuff on the check and someone signs on the face, if you put something on the face of it, sign it on the face next to what you wrote, even if it’s only your initials.

SIgnatures are interesting, that’s why they will forge it.
I remember speaking to a banker who said if a check was written out to Superman they’d cash it.

Also per UCC a signature can be anything, including images, symbols, that’s why the president can sign with an autopen, or someone can sign with an X or an unreadable squiggle.

The only check not cashable is a non-negotiable check, and if one is refused and cashed anyway, that’s criminal because on the order of the one receiving it, the amount was refused and it is a Pay to the ‘order of’ check.

This is a question that no Florida Miami lawyer has been able to answer:
Have you won a quiet title against the bank? (having into consideration that my case was dismissed in 2011, attorney’s fees were paid and Florida Statute has run 5yr statue of limitation 2007-2012.)

50 lawyers have answered me, “We’ll take your case, but we haven’t won any”

I woke up thinking about this darn stupid $300 cheque, insult should I say, there was a 1099c associated with this prior home from Wells fargo, and the home went back to fannie mae- wells far more than its true market value in 09, AZ is a non deficiency state but I was insolvent in 09 anyway because of the bubble market and the new build I invested in- jeeze still am, even my vehicle is not worth what I owe, where did the number 300 measly bucks come from , how was it calculated…what a crock, zero transparency, how can anyone accept -this is all you get, not appealable- you have no right to know the truth of the matter per se,
im sending it back with a letter. it stinks, its fraud cover up, its wrong and it will always be a lie.

We are catering to these politicians and their bankster friends. That is why they are running our lives instead of vice versa. For example the banks are crooks yet we still patronize them. The taxes and prices of everything are way out of line with reality yet people still patronize their corporate store. They buy their foreign made products when people in this country can’t find a way to employ themselves gainfully.

People hate OBAMACARE and want their own healthcare but where is the outrage? There is none. People are accepting totalitarianism with open arms. Oh hell …..why not? They are giving foreignors, illegal aliens civil rights like gay rights & corporate perks like tax right offs for civil unions and they are giving everyone totalitarianism in exchange…! The people say they hate fascism and spying and being controlled by these imposters but they keep buying their corporate crap and won’t put down or stop buying their cell phones and won’t stop letting them spy and control them. No one does anything but cooperate with these control freaks.

Oh well they say, what are you going to do? That’s the way it is. The people have become absolute programmed robots who are willing to accept fascism and totalitarianism and take orders from their subordinates.

Take the Boston massacre for example. When people were asked will you participate in or come to another marathon people said a resounding yes .. even though that should have never happened and these people purported to be looking out for our peace & security again failed miserably. What I would have said is no… I will not participate or attend anymore staged events conducted by these imposters who don’t give a shit about us. Increased security is a failure and my life & limb mean more to me than attending a foreign national sponsored event. That’s right, I would rather stay home than give these foreign nazi imposters what they want, more guinea pigs for their social experiments.

These politicians are all politically appointed at all levels because if they don’t do what they are told by the bankster corp they are scandalized or ousted in some way. Take Blago for example, he did more for the citizens than the media will tell. He tried to buck the system by appointing not who the Obama administration wanted, Obama’s buddy, Alexi Gianoulias whose family owned the failed Broadway Bank. I am not saying Blago was a saint, none of them are but he was not a complete corporate puppet like the rest of them.

You are right about our election system. It is completely corrupt and the electoral college system is no different than the college of cardinals who elect the pope. It is a global communist system disguised as religious rites or democracy that is reaching its ultimate goal of a global dictatorship because we keep cooperating with these corporate crooks. Nothing they do is legal.

Good points again, Neil. I have been thinking that a good “offensive” tactic would be to file suit against the Trustee for whatever SPV they are named for, particularly when they move to foreclose based upon a MERS assignment, not naming any other beneficiary and almost 100% likely in violation of the PSA. The COA’s would be for Intentional or Negligent Misrepresentation, Slander of Title, in my mind. They seem to be solid claims both because they would have to show proof of loss and standing in order to defend them based on the NOD and/or NTS, which they can’t. I totally agree with you on Quiet Title as an offensive tool as well in the same vein. I sense another wave of the tide turning…as long as counsel and Pro Se stick to the core issues. Nice work, and nice to have you back.

Was looking through some of the paperwork for the suit to dispossess me from my home.
I want to add that I’m not a 14th Amendment Citizen. I had already ‘unregistered’ from the voting system long before I was dispossessed. It was over 6 months later, and I do mean over 6 months later that I got a letter from that county telling me I was out of their system. I’d have to locate the letter. It started when I realized my voter registration always expired and was renewable. I took the time to locate the election office (forgot the actual name) and walked in. Nice lady at the desk asked how she could help me. I told her. I have this voter registration card, it expires every two years and is renewable but I want to get out of the voting system, how do I do that. She said I could have mailed the card but she’ll take care of it right there. I asked how long will it take and she said effective as soon as she enters the information in the system.

Voter registration is viewable online if you have a last name, social security number, zip code, and maybe county. It will show you if One is a registered voter.

So she told me what to write on the back of the card. She said, turn it over and on those lines write, ‘Please take me out of the system’ and sign it. She had a pen on her desk. Not blue nor black, red. I was happy to use a red pen. I always think only teachers purchase red pens, and it was nice to see on in the public.

I was out of the system and it was like almost a year later that I got a letter telling me I was unregistered. I never expected the letter.

Anyway, my concern with the voter system is that it is how One chooses someone to represent them and their interest. You use the system to elect judges, and constables, and county attorney (maybe) and sheriff (maybe, some are appointed), but you use it to select someone that makes decisions for you.

How in the hell does One ‘have’ to go before a judge for an administrative process of preventing theft of a home?

Who appointed the judge as the one who is considered the representative of people who are not in the system and are peacefully enjoying their property.

How is it a judge can assume they have jurisdiction over the person?
Is it not the responsibility of the judge to determine if they must recuse their self from a case?

Once One appears and is NOT representing anyone, then the judge has a duty to ‘know with whom they deal’.

I looked in the theft docs. There was a corporate acknowledgment.
Strange document. It claimed two of the six attorneys that robbed me were attorney-in-fact for the corporation that robbed me.

BUT. The document’s only signer was the notary!

What?

Yes, no one from the corporation had the status, authority, nor power to appoint these people as attorney-in-fact; so no one from the corporation that was used to rob me of my home, signed the document.

The attorneys did not put their signature on the document, although they were identified as attorney-in-fact by the filing of it for the corporation. No it was not Fannie Mae, it was PNC.

The document stated something like, appearing before me personally is Identified A or Identified B who personally known to me is attorney in fact for this corporation.

Signed by the notary, and notary seal.

So that was proof that the judge KNEW they were ‘representing a corporate entity’.

If I show up as ‘Me’, and I haven’t filed any document as attorney in fact, power of attorney, attorney at law, pro se, pro per, pro-se-cutor, or any other pro, then I am Me.

If you know you can’t join unlike entities, and one has made a statement that the other has claimed to receive property via a fraud foreclosure sale, the judge has a duty to ‘hear’ that, from the one providing the testament that is NOT hearsay.

I don’t care if both swear an oath to tell the truth. One swearer is several degrees removed from the court process and the other brings the truth from the Creator.

There is no judicial process when a Judge is presumed to represent the interest of people who did not select them in any process. The decision of a judge is NOT greater than the Creator.

I noticed that also filed in the court case, the writ of possession was attempted, but in the case, the constable returned it as ‘unexecuted’. That is something that was filed ‘after’ I was told to get out of the home.

So that means, the realtor that declared it abandoned and changed the locks and put paper in the window indicating anyone entering the property was ‘trespassing’.

It also proves that without a 1099A on file with the IRS, the home was not abandoned.

An unexecuted writ of possession means the possession of the home did not occur.

Un means ‘not’
Executed mean Completed; carried into full effect; already done or performed; signed; taking effect immediately; now in existence or in possession; conveying immediate right or possession. Act or course of conduct carried to completion. Term imports idea that nothing remains to be done. The opposite of executory. See also Execution.

So the writ of possession was NOT completed, and did not convey immediate right or possession to the property.

A realtor declaring property abandoned would probably legally need to wait before they could attempt to sale such property.

Wouldn’t they have to give public notice, ‘I am looking for the owner of such property’, it appears to be abandoned. Last one to pay taxes on it for over 10 years was….Trespass Unwanted…if you know where Trespass Unwanted is, please let them know the property is being declared abandoned if it’s not occupied in ‘so many days/months.

There is so many holes in this and the paperwork used to support it. dispossession of people from their property that it’s documented.

Servicer is not assigned the Deed, and is not holding the note, Right?

Actual statement from Affidavit of Mortgage Servicer, that is in the eviction file.

(Law firm) presents PNC Mortgage, whose address is 3232 Newmark Drive, Miamisburg, OH 45342 which, if it is not the Current Mortgagee, is acting as the Mortgage Servicer and representing the Current Mortgagee pursuant to a mortgage servicing agreement concerning the Note dated (date) and Deed of Trust described above.

How can One act for someone that DOES NOT EXIST the day you claim to be doing a duty for them or performing services for them under a special agreement?

You can’t.

The Affidavit is FALSE, A LIE.

The LIE was used to steal.

An someone wants to claim to be outside the jurisdiction of the United States, and take property from people using the jurisdiction of the United States?

Unconscionable.
Turpitude.

There is not a hold harmless in the world that supersedes Ones’ right to Life, Right to Property, and right from unlawful dispossession and forced evacuation from their property. I don’t care what authority someone claims to have, their power is not high enough to subvert UNALIENABLE RIGHTS.

The issuing bank should have sent us Notices of their Default in our names and informed us there was a material alteration not specified in the contracts. As a result of that non-disclosure of a very pertinent aspect of the mortgage contracts, all subsequent transfers, pools, investments, sales, swaps, conveyances, re-conveyances, with our signatures were unauthorized and fraudulent. The contracts & notes are a nullity….null & void. The FED overissued investments in our securities without our knowledge or consent and as a result, no one is safe from these crooks.

#1…We already know where the purported “loan” came from, the U.S. Treasury Department, We The People funded every property. #2….We already know the FED defaulted on their loans they took in our names…that is the Origination Fraud that destroyed the mortgage contracts…..#3….We know the FED invested in their fraud & overissued investments in their fraud via Wall Street, the GSE’s,etc. #4….if the judges are invested in the mbs fraud or any aspect of the fraud and they feel biased they should recuse themselves from the cases because that represents an unconstitutional & illegal conflict of interest. See the Takings Clause of the U.S. Constitution.

These foreign imposters think they don’t have to follow the rule of law as it applies to us but use it against us. This is a foreign Corp doing business as an American Corp. Phonies & frauds everyone of them.

It is no wonder these crooks want to get rid of the Constitution/Bill of Rights.

question is who defaulted first- clearly they did on their end, otherwise we would not be doing this big dance. hedging, one word, default swaps, another word, triple dipping, greed, greed and more greed- and a blatant cover up, but I can only deal with what I know and see and feel I can prove up in court. im doing my part.
as for Nazis- I think hitler said words to the effect, if you keep the lie simple, tell it often enough it will be taken as true by the masses. he lied like that and over 11 million people got on trains and went to their death in the concentration camps. we must hold the banks accountable and the prosecutions need to start happening, the people must be told the truth, banks are not too big to fail or jail- they are not above the law, why would we accept that lie. it is not ok to lie like that or to pretend to investigate, deliberately underfunding and with companies who have a direct conflict of interests to serve us honestly.

Neil- please-
the word DEFAULT its a stickler, I did not get a default notice, I did however get a computer print out of payments I sent to INDYMAC- (0ver 85,000 usd,) debt collector, who is not the real party- no proof, only robo signing transfers to a “beneficiary” from originator “beneficiary” who by definition, is not, I suspect the carie/anon thing , subprime but first money loan for a new build jumbo loan- with of course hyper inflated appraisal and sick underwriting there to, it would be nice to talk about this default word more since once raised in court gavel down in AZ. this is not where my case is, but if there is no harm to the purported beneficiary then how come they became the “beneficiary” to rights to the collateral home- YES DATES MATTER ( it becomes unsecured and the home was paid for already and the obligation under deed of trust should therefore be extinguished= non performance on their end) anyone want to chip in here, because if you file for quiet title its not going to be easy here in AZ , nothing is with T n B working for WF and FM et al.
oh I just got the 300 usd from rusk, I framed it. (kiddin)

so bob g- try walkin in my shoes- then you can say its a women thing. that’s not what I meant anyway mr big pants.
and I do know what you mean re “the house”. ofcourse I do, but when you realize that the house was the trap- then it becomes a jail- for me anyway- cant be caged- and im not an animal UKG- stop that, stripes has calmed down. AND makes valid points, and makes me laugh- try it- I know you can.

stripes…will just put in what I found… no link as it is a yahoo group…may or may not be helpful…
here it is
Always obtain the judge’s financial disclosure statement to see if he
and/or his spouse is invested in any way with the bank you are fighting.
This is inclusive of his mutual funds, pension account, retirement account,
mortgage, etc. In almost every case you will discover that the judge
deciding your case has a financial relationship in some way with your
adversary.

Second: Notice how the bank repeatedly claims “the Borrower is in default.”
Although this claim may be true it is completely irrelevant. What is
relevant is whether or not the “purported loan” is in default. In almost all
cases the ‘loan’ is not in default and has been paid in full by some entity
(bailout money, TARP, insurance, etc.).

The bank guides the case towards a discussion concerning Borrower’s failure
to pay when in fact the real question is whether or not the Note has been
paid – in law it does not matter who paid the note, just whether or not its
been paid.

Even in the judge’s decisions and orders the judge often notes the
Borrower’s failure to pay yet NEVER discusses whether or not the Note has
been paid.

This is a trick initiated by the banks and perpetrated by the judges.

Do not fall for this trick

If a bank can not tell you where the money they loaned you came from, There
is no agreement, No understanding of material facts, The bank can not refuse
to answer the questions, It shows concealment and fraud. Foret VS Hoadly

Does the borrower have the same right to discharge the debt with the same
specie of credit the bank loaned for equal protection of law? Does a bank
advertise it loans money not credit? Does it lie? is it a fraud? Does this
null and void the agreement? Is a promise to pay the same as money? Is it
legal to sell a borrowers signature to fund a loan and collect interest
without telling the borrower all the material the facts of the contract?
[THEN your 72 hour rescission time has not started running yet]

The note belongs to the note maker, not to any other party, and no other
party can sell it, in spite of the language in the security instrument. For
that reason, holders in due course “assign rights” [a NOTE has to be
ENDORSED, not assigned. A Deed of Trust can be assigned] through assignments
[We need to watch our language, ENDORSE NOTES and ASSIGN DOT.] or allonges,
and thus they sell their beneficial interests in the note, not the note.
After satisfaction of the note, the holder in due course must return the
note to the maker, [OR AT A FORECLOSURE THE TRUSTEE OF THE LENDER, HAS TO
HAVE THE ORIGINAL NOTE AND DOT TO BE ABLE TO SALE THE PROPERTY. THE MAKER OF
THE NOTE NEEDS TO DEMAND TO SEE IF THE TRUSTEE HAS THE ORIGINAL AND HE/SHE
CAN FEEL THE EMBOSING OF HIS/HER SIGNATAURES] according to the UCC. Why does
neither the note nor the security instrument make a salient point about
this? [Easy the banks don’t want you to know.]

Asked the bank for the CUSIP number for the APPLICATION!!!
CUSIP Number is your proof that your Mortgage left the
Original hands If you KNOW full disclosure has been made by the lender, your
72 hour rescission time has not started running yet. The majority of these
are mandatory reports/forms by either SEC/IRS/Comptroller, if it’s got an
OMB number it’s available and you should ask for copies under the
“discovery” rules. FR 2046 balance sheet as it relates to the original
“loan” … shows the banks’ ledgering of the account. Will show the off
balance sheet entry and extinguishment of the “loan”. Mandatory filing
pursuant to Title 12 U.S.C. 248 & 347:

1099 OID report

S3 A registration statement: shows when and where the instrument was sold…
they can’t claim “lost” note. This one tracks the sale of the “note” and is
especially useful.

FAS 125, 133, 140, 5, 95. These will direct the auditor to the liability
side of the banks’ books and also create the trail of exactly where the
money came from and where it went.

A promissory note falls under UCC Art. 3 because it is a negotiable
instrument, once it is securitized, it falls under UCC Art. 8 & 9 as a
security. The banks are illegally selling your un-registered instrument.
Deeds of trust and mortgage deeds are always registered as evidences of
debt… notes are never registered selling un-registered securities is an
automatic right of rescission of the original contract. You possess
entitlement rights and possessory rights to your original note… it is
negotiable.

UCC 3-305 is about recoupment, UCC 3-306 is the claim you must make to apply
the set-off from the account ledger. this counterclaim is mandatory.

Title 12 1813 (L)(1) states that when you deposit a promissory note, it
becomes a cash item to the bank, you were supposed to get a receipt for it.
But you didn’t ask for it. These notes are deposited into a transactional
account and the credit goes to the accounts payable side of the ledger
(assets) of the bank, but on the liability side, the note has been sold
already after it was monetized by your signature. You are, therefore, the
first funds transferor and have the right to either your note, or the cash
equivalent.

Under Civil Rule 13, if you fail to bring a counterclaim, you waive your
rights to the note. Because you were ignorant of the rules of procedure.

Ask for all documents in discovery, under Civil rule 36 if they don’t
produce them, they are admitted.

We loaned them the note, we started the process, so we need to show them
where to fix the problem. At law, we are presumed to be knowledgeable in
banking since we deal in commercial paper every day. FRN’s are nothing more
than registered promissory notes, that’s why they are recognized as deposits
and you receive a receipt from the bank for your deposit. You should
register your promissory note on a UCC-1 or UCC-3 to show a public interest
in the note itself. This is recognizable in Court. Otherwise, your only
public interest is shown by your payment to the bank, on the receivable
(asset) side of their ledgers.

The 1099 OID will identify who the principal is from, which capital and
interest was taken, and who the recipient or payer of the funds are, and who
is holding the account in escrow, un-adjusted.
The Cannons addressed the wrong issues which are a deliberate spider web. If
they would have done some of the above through interrogatories and discovery. THE SO-CALLED “LENDER” WOULD NOT HAVE SHOWN-UP TO THE COURT. !!!

The tact SHOULD BE.when sued in a foreclosure suit. COUNTER-SUE immediately!! Bring the fraud forward !!! Go after them in both their Public and Private capacities !!! All of them. whomever has a signature on ANY letter/document you received from them. They’ve offered you their
signature.hadn’t they?? TAKE IT !!!! Cash it in.

Usedkarguy:
So it is still my house but in CA El Dorado cty
FTC, ST OF CA,FBI, Local DA, Atty Generals & IRS none will help or recognize it
1867 once a Mtg is satisfied security does not exist
Where is there a lawyer with the balls to defend me?

Carie:
I agree.
The lawyers on both sides seem to be working for the banks by just trying to get modification which isn’t worth the paper it is written on instead of quiet title giving the home owner his right to the property all due due to the fear of the judges

stripes ….got something interesting not sure if I can post the whole article but will try it is about requesting the the judges financials in foreclosures cases. stating to counter sue ASAP, you interested?

Grow up UKG…the playground bullying has grown old & tired. If you have no facts that back up your claims than what you are doing is proving your ignorance or your forced place agenda. I am prone to believe it is the latter of the two at this late stage of “the game.” Everyone is not ignorant to “the game.”

I can spot the commie agenda and those who spread it by the lies they tell or try & make people believe. They run the gamut from playing nice to being outwardly rude & nasty. Fake ignorance by the politicians is one ploy that like the beast, ran out of gas a while ago.

The politicians are simply lying through their teeth and no one believes them. They are biding their time because they want a complete coup of our Constitutional Republic. No one is going to fall for it. They can give gay people rights to be gay & the poverty stricken food stamps and a “living wage” to every sucker in this country it does not change the fact WE THE PEOPLE OWN THIS PLACE.

I heard some commie media jerk say yesterday “we are finding out that just because you pay for it does not mean you own it.” That is the Nazi mentality of these crooks.

There was a prophecy a while back that said something would happen in America that would cause the people to take up arms against it. Another prophecy fulfilled.

How would you present this eventuality (damages, repatriation of undeserved enrichment) to a plaintiff that is stalling because they are clearly a pretender with no standing and they’ve been caught at it? How do you get the bonehead attorney for pretender to see the light? We do have the money trail and the plaintiff is nowhere to be found…

I don’t care so much about the house (McMansion with horrible build quality and high energy costs) ,, it’s OK ,, I just want BIG MONEY… AND FAST. How do I sue someone like AHMSI’s owner Wilbur Ross who is the actual “man behind the curtain” rather than “WF as STOOGE for 2007-2”.

A few years back, our elected officials made a declaration “Too Big to Fail”….
Recently, Senator Warren and her supporters noted “Too Big to Jail”…
And now….
The taxpayers know that not only the citizenry gets to bail out the banks, but simultaneously give a AAA+++ credit rating to the each and every bill for services submitted by the legal firms that in turn contest the rights of the very real part(ies) in interest with legal standing.

The intangibles of these issues have obscured what is otherwise likely a understood to be a conundrum by those so dedicated and involved in the Boston Tea Party event would likely query and the tragedies faced by the signers of our Declaration of Independence.

As for the lack of consideration argument…forget it. It’s sheer nonsense. As long as the parties to the contract agree that consideration was mutually agreed by the parties to the contract to be good, valuable and sufficient, that’s the end of the matter. Consideration does not have to be cash…it can be promises to act or to forgo acting, or anything else the parties agree to. Google the “Peppercorn Theory.”

Note that many contracts claim that the consideration consisted of “One Dollar and other good and valuable consideration.”

The continuing cover up for the banksters is almost hard to believe. They have stolen innumerable amounts of our wealth and millions of properties and their cohorts & minions are still trying to convince us to let them steal more. What a bunch of commie subvertors. Who is the mastermind that could be brainwashing this many people? I can only think of 1….

Bob g
If you have the NY cases you refered to handy id be interested to read them. Im just thinking that if the collateral- my home is given in trust to back my promise if they dishonred my name in say a ponzi scheme then i think it might be my business since i was clueless about the real material facts which as you know impact underwriting being per freddie/ fannie guidelines and will determine a loan Qualified or unqualified tripe a or not and what then happens to an instrument ls labelled as such, just debating, i welcome devils advicate stuff its important. I dint need to be right i need to prevail. Thank you

Let a judge tell me what Bob G….? That this is a robbery in progress? Show me the law that says this is legal…? The judges know none of this is legal. No judge will convince me otherwise. This is an undeclared war on We The People and until they openly declare it, I am well within my legal rights to fight these crooks by rule of law.

If war is openly declared on us, they will be forcing us to invoke the Second Amendment. The problem with gun laws is, they weaken the power of the people.

Imagine if there were no gun laws, none of these crooks would have dared screw any of us.

Get a clue Bob G. or are you invested in this fraud as well?…These imposter politicians are protecting themselves because they are investors in this bankster fraud. Obama said what Wall Street did was not necessarily criminal but reckless. BIG LIE….The traitor politicians are slowly & strategically stripping away our wealth while these bankster crooks carry on business as usual. This is the biggest scam in U.S. history, bar none. THESE CROOKS ARE INVESTED IN OUR SECURITIES AND AS A RESULT EVERY AMERICAN IS IN PERIL. This is GRAND THEFT LARCENY…..These crooked politicians are imposters who have allowed the banksters to steal $60.4 trillion dollars of our wealth and 20+ million fraudclosures since 2008 reported CNBC..The total value of all U.S. PROPERTY that collateralized the property…$12 TRILLION….THAT IS FLAT OUT ROBBERY.

The law requires the Security be created Bob G. Don’t tell me that is none of our affair because we were in fact THE LENDERS and the banks were the BORROWERS. That fact alone not being disclosed is criminal. The treasury via the title companies have fiduciary duty to both parties .. both us & the banksters.

Here’s the problem with the argument that they didn’t issue the securities: the securities were/are issued in electronic book entry form. There are no actual physical paper certificates. If you buy 100 shares of IBM stock, unless you insist on a paper certificate and have fully paid for the stock, you don’t get a paper stock certificate.

Whether the banksters did or did not actually issue certificates–either paper or electronic–is no concern of the homeowner/borrower. The homeowner/borrower don’t have anything to say about it because they weren’t a party to the contract (PSA) between the banksters and the investors. This has already been adjudicated in New York state and federal courts. And it is well-settled law.

In all the investor lawsuits going on in the courts, I haven’t seen or heard of a single one where the investors claim that they were never issued certificates, either paper or electronic.

I say this to Bob G,
screw the house,- its the means and methods and blatant mis application of law- in our faces sir, as a pro se litigant, not that I have not had council, and spent a lot of money on it, but as a women fighting for my birth rights , in court, let me tell you I NEVER THOUGHT I WOULD SEE THE DAY. shocking

Carie- indeed I agree, I was forced out of my home, fighting a forcible, paying a bond/and /or rental comparable amount , AND filing CIVIL LAWSUIT who can afford all that, and atty fees, if you can find a good one- however what they do to take the home out from under us is on the record and so I say to all, BE IMPECCABLE CREATING YOUR RECORD AND WHAT THEY FILED AND ADMITTED INTO EVIDENCE.

What I mean by pretending these were Securities is, they never created the Security. They issued and invested in our Securities by unauthorized use of our digital signatures. By fraud, counterfeiting and forgery they destroyed any legal claims to our properties or right to collect any payments from us.

Try coming to court to take something of value from someone with a copy a check that you already cashed and try recashing it by using a copy of a counterfeit, forged contract as a receipt and enforcement on that check in a court of law. You would have your assets seized and you would go to prison

@ carie, for the “surviving” home owners…. who knows.. maybe it will be the next money wave for them and that is yet another issue (seems greed stimulates many) as money does hold a profound presence in the courts as we all know very well. This will be interesting to watch or actually get the chance to be in. ALL loans are pretty much B$ anyway. Truly tired of the little tidbits of hope surfacing to only be squashed. Martix gaming system here, most do not want to play this B$ game, we were not meant to live like this. Tides are changing tho, just not in our time frame so hold on and keep the faith as much as possible, I hope the ptsd does not sink deeper into your bones and soul. This nation and the world is a debt stimulated society as a whole whether we know it or not, these are just $ome of the ones that prosper via thievery off your labor …see here http://www.icij.org/offshore/secret-files-expose-offshores-global-impact
do not be afraid trust in yourself
Blessings

“Filing suit for damages AFTER the sale gives you playing field without moving goal posts and allows fairly simple straightforward causes of action which many attorneys will soon realize they can take strictly on contingency or mostly on contingency…”

What part of “the plaintiff is/was not the creditor” does the judge not understand?

We were told that the “securitized trust” was the “owner” of our “loan”…(that, of course, is impossible).
BUT—before that, we were told “an investor” (not plural) owned our “loan”—but never given the name of that mysterious “investor” after repeated requests—(which is/was our right under TILA)…slight contradiction?

I have all this crap in writing—from them—signed.

WHY are there no lawyers able to sue (the servicers and foreclosure mills) for damages, etc., on a contingency basis for foreclosures where—in addition to the things I mentioned—the FDCPA answer documents (from the foreclosure mill) are blatant lies and impossibilities—ie. “Deutsche is your current creditor/lender and MERS was your original creditor/lender”…?

I did such in CA UD Court, but the judge refused to rule on my motion of them not being the creditor plus refused to rule as required by CA law 764.101 with the evidence showing clearly that there was a cloud on title because of the robo signed documents presented. He relied on the false credit bid as their evidence of ownership and said I am not going to be the first too do this since the only case available was the one from Oregon UD quiet title

Where is their consideration receipt….? Collecting payments is not Performance on a contract. These crooks have no skin in the game because the Origination Fraud destroyed the contracts & the notes. The Origination Fraud committed by the banksters means they don’t own anything & issuing investments in Securities Fraud under the guise these were Securities is criminal & investing in Securities Fraud is not ownership. The banksters & Wall Street investment banks, hedge fund managers, etc, were all gambling and pretending these were securities. They are all criminals who need to be held to account.

Generally, the only one possibly getting a “free house” is the foreclosing entity, usually the servicer and their cronies (seldom, if ever, does the borrower even request, let alone get the house “for free”). The servicers and foreclosing entities usually have invested nothing in the transaction, using other peoples’ money (“investors” which are actually us…) all the way and making profit with minimal to no investment on their own (unless paying the investor to continue collecting servicing fees and an agreement at some point for subordinated costs to be reimbursed on top of it all in lieu of repurchasing the property under standard repurchasing agreements.) In most instances the borrower/home owner has invested considerable in the house and attorney’s fees not to mention the emotional investment involved.

“Your Honor, there is no decision that you can make in this case that prevents SOMEONE from getting a free house. Either the plaintiff is going to a house for free, or the defendant is going to get the house for free. Either way, someone is going to get a free house regardless of what decision you make.”